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Ali Bongo is in the process of expelling manu militari, Gabonese who are occupying social housings in Akanda. This blog wanted to examine for you the legal procedure that the State should have taken under such circumstances. As you will understand, Ali Bongo preferred to use force.

What does the law say if squatters occupy a dwelling?

The takeover of a dwelling from a squatter follows a procedure. A squatter is an untitled occupant, i.e. a person who has settled in a dwelling without holding a lease.

A manager may himself expel a squatter if the presence of the squatter on the premises is less than 48 hours old; by requesting the intervention of the police, who will catch him in red handed in violation of the dwelling (fractured lock, broken tiles, shuttered shutters ...) and will evacuate the illegally occupied premises.

After the 48-hour period, the manager is obliged to institute judicial proceedings against the squatter in order to obtain a decision pronouncing their expulsion from the premises.

The expulsion procedure: although an untitled occupant, the squatter has the same rights and guarantees as a tenant in terms of expulsion. In order to be able to initiate an expulsion procedure, the manager must appoint a bailiff to draw up a report bearing the name of the occupier and issue an eviction summons. The manager will then have to appoint a lawyer who will plead an expulsion before the district court in the place where the dwelling is located, where they will ask the judge to issue an order appointing a bailiff to draw up a finding and to identify the occupants, allowing them to enter the premises with the assistance of a locksmith if necessary. On the basis of the evidence gathered, the lawyer will lodge an application for eviction by means of a summons issued by a bailiff to the occupants, before the court of first instance of the domicile of the squatted premises.

Seasonal deferral applies to evictions, in that there are periods during which eviction cannot occur. Once the eviction is ordered, the bailiff gives notice to the occupants and gives them a command to leave the premises which is notified to the Prefect.

The occupants have a period of 2 months to leave the premises. If the premises are still occupied on the effective date of the command to leave the premises, the bailiff must apply to the prefecture of the department for the assistance of security forces, which is a pre-requisite before compulsory eviction. The Prefecture has a period of two months from the date of this requisition to make known its reply. Failure to reply at the end of the two-month period is tantamount to a refusal. If the assistance of the police force is granted, the bailiff can then make an appointment with the police station and with a locksmith to carry out the forced eviction.

Dear readers, we doubt that the Gabonese state proceeded according to the law!

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